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Can you change solicitor during personal injury claim?

Prosperous1
Posts: 52 Forumite
I had a fairly serious car crash over 2 years ago where a car pulled out of a side road onto major road (sun in eyes) and I t boned it at near on 30mph.
Liability admitted immediately. Vehicle paid out within 2 weeks.
Whiplash which was fully recovered after 9 months. Serious shoulder injury which required 3 cortisone injections. X rays ct scan and then an operation under general anaesthetic followed by months of physio.
Claim dropped out of portal due to severity. Turned down 10k (before solicitors cut) when TPI where informed I was fling for an operation.
Solicitor is absolutely pathetic. Had all.competed medical records , surgeon notes, x rays scans and physio records and didn't provide them to the medical expertin a legible format for 5 weeks. First time some were missing next time password didn't work for file then they ended up sending hard copies to ensure they could be read. Then medical expert was on holiday so couldn't do addendum to report. Solicitor has lied and made up guarantees of wine addendum will be received which never materialise and still no final medico legal received. Next step is a complaint by the solicitor to the medical agency who they are in bed with.
I have asked for a different tram and solicitor to handle my case as I feel it is not being handled efficiently. Request refused. I can complain but will take 8 weeks to get a reply.
I'm seriously thinking of moving solicitors but am worried that the current solicitor will be obstructive. Can anyone offer advice on how best to proceed please.
Liability admitted immediately. Vehicle paid out within 2 weeks.
Whiplash which was fully recovered after 9 months. Serious shoulder injury which required 3 cortisone injections. X rays ct scan and then an operation under general anaesthetic followed by months of physio.
Claim dropped out of portal due to severity. Turned down 10k (before solicitors cut) when TPI where informed I was fling for an operation.
Solicitor is absolutely pathetic. Had all.competed medical records , surgeon notes, x rays scans and physio records and didn't provide them to the medical expertin a legible format for 5 weeks. First time some were missing next time password didn't work for file then they ended up sending hard copies to ensure they could be read. Then medical expert was on holiday so couldn't do addendum to report. Solicitor has lied and made up guarantees of wine addendum will be received which never materialise and still no final medico legal received. Next step is a complaint by the solicitor to the medical agency who they are in bed with.
I have asked for a different tram and solicitor to handle my case as I feel it is not being handled efficiently. Request refused. I can complain but will take 8 weeks to get a reply.
I'm seriously thinking of moving solicitors but am worried that the current solicitor will be obstructive. Can anyone offer advice on how best to proceed please.
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Comments
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To clarify asked for a different solicitor in this firm and a different team but was refused. Now looking at moving to a different solicitor with a different firm0
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Thought someone on here would have known :-(0
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Prosperous did you choose your Solicitor or was they engaged by your insurance company0
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You can change any time you like. If you are on a Conditional Fee Agreement (no win no fee) then the current solicitors may be entitled to ask you to pay disbursements incurred so far, but it is unlikely.
If you have spoken with another firm who are interested in taking on your claim, just take matters a stage further and tell them you want them to take over conduct.
They will ask you to sign a form of authority which they will send to your current solicitors requesting the release of their file of papers and then agreeing to preserve a lien on their costs for them.0 -
@redmalc I instructed the solicitors naively on the back of their promise of 2k upfront payment on all accepted claims. Which I didn't get and which the ASA later made them take off all their adverts0
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@Onanthebarabarian. Thanks I've asked for a copy of my terms of engagement with them and am.awaiting this to see where I stand. Still no sign of medical.agency report....0
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I haven't spoken to any other firms. Is there a realistic chance anyone else will take a case on at this late stage?0
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Most likely.0
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Received copy of signed conditional fee agreement as I requested. It makes no mention of moving solicitors prior to completion. Any further help please0
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Report received by medical "expert" and sent to tp with schedule of other losses.
In the meantime barrister has came back with a valuation which I totally disagree with. He has listed my injury in the bracket of soft tissue damage nearly recovered in 2 years. Having looked on the jcb guidelines this puts the injury into the minor category. I had bone shaved and 2 other surgical procedures under general anaesthetic, left with scarring and have had 30 medical appointments. Hardly minor. Solicitor is asking him to look at it again. In meantime TP have came back with a 13k offer. I have refused. They won't break down what is for injuries what is for loss of earnings and are refusing to pay for care. Meaning if I accept any offer I will have to pay 25 percent on the full amount whereas if broken down loe is all mine. Can I insist that this is just dealt with by court. I feel a judge will be much fairerror than the solicitor I am using and the TP who are extracting urine. Many thanks0
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